Florida HB 485: Return of Weapons and Arms Following an Arrest
Status: Laid on Table, companion bill(s) passed, see CS/SB 1286 (Ch. 2024-61) (as of 2024-03-04)
State: Florida · Session: 2024 · Bill: HB 485
Subjects: (vetoed), subject index
Sponsors: Barnaby, Brackett, Judiciary Committee, Leek, López, J., McClain, Roach, Tramont, Truenow, Yarkosky
Bill Text
CS/HB 485 2026 CODING: Words stricken are deletions; words underlined are additions. Hb485-01-c1 Page 1 of 7 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S A bill to be entitled 1 An act relating to petitions for injunction for 2 protection against domestic violence containing 3 allegations of marriage fraud; amending s. 741.30, 4 F.S.; revising a petition for injunction for 5 protection against domestic violence; requiring the 6 clerk of court to electronically transmit certain 7 documentation to the State Board of Immigration 8 Enforcement within a specified time period under 9 certain circumstances; requiring a representative of 10 the State Board of Immigration Enforcement to initiate 11 contact with a petitioner within a specified time 12 period; providing an effective date. 13 14 Be It Enacted by the Legislature of the State of Florida: 15 16 Section 1. Paragraph (b) of subsection (3) of section 17 741.30, Florida Statutes, is amended, and paragraph (e) is added 18 to subsection (8) of that section, to read: 19 741.30 Domestic violence; injunction; powers and duties of 20 court and clerk; petition; notice and hearing; temporary 21 injunction; issuance of injunction; statewide verification 22 system; enforcement; public records exemption.— 23 (3) 24 (b) The verified petition shall be in substantially the 25 CS/HB 485 2026 CODING: Words stricken are deletions; words underlined are additions. Hb485-01-c1 Page 2 of 7 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S following form: 26 PETITION FOR 27 INJUNCTION FOR PROTECTION 28 AGAINST DOMESTIC VIOLENCE 29 The undersigned petitioner ...(name)... declares under penalties 30 of perjury that the following statements are true: 31 (a) Petitioner resides at: ...(address)... 32 (Petitioner may furnish address to the court in a separate 33 confidential filing if, for safety reasons, the petitioner 34 requires the location of the current residence to be 35 confidential.) 36 (b) Respondent resides at: ...(last known address)... 37 (c) Respondent's last known place of employment: ...(name 38 of business and address)... 39 (d) Physical description of respondent:.................... 40 Race........ 41 Sex........ 42 Date of birth........ 43 Height........ 44 Weight........ 45 Eye color........ 46 Hair color........ 47 Distinguishing marks or scars........ 48 (e) Aliases of respondent:................................. 49 (f) Respondent is the spouse or former spouse of the 50 CS/HB 485 2026 CODING: Words stricken are deletions; words underlined are additions. Hb485-01-c1 Page 3 of 7 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S petitioner or is any other person related by blood or marriage 51 to the petitioner or is any other person who is or was residing 52 within a single dwelling unit with the petitioner, as if a 53 family, or is a person with whom the petitioner has a child in 54 common, regardless of whether the petitioner and respondent are 55 or were married or residing together, as if a family. 56 (g) The following describes any other cause of action 57 currently pending between the petitioner and respondent:......... 58 59 The petitioner should also describe any previous or pending 60 attempts by the petitioner to obtain an injunction for 61 protection against domestic violence in this or any other 62 circuit, and the results of that attempt:........................ 63 64 Case numbers should be included if available. 65 (h) Petitioner is either a victim of domestic violence or 66 has reasonable cause to believe he or she is in imminent danger 67 of becoming a victim of domestic violence because respondent 68 has: ...(mark all sections that apply and describe in the spaces 69 below the incidents of violence or threats of violence, 70 specifying when and where they occurred, including, but not 71 limited to, locations such as a home, school, place of 72 employment, or visitation exchange)... 73 ................................................................ 74 ................................................................ 75 CS/HB 485 2026 CODING: Words stricken are deletions; words underlined are additions. Hb485-01-c1 Page 4 of 7 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S ....committed or threatened to commit domestic violence 76 defined in s. 741.28, Florida Statutes, as any assault, 77 aggravated assault, battery, aggravated battery, sexual assault, 78 sexual battery, stalking, aggravated stalking, kidnapping, false 79 imprisonment, or any criminal offense resulting in physical 80 injury or death of one family or household member by another. 81 With the exception of persons who are parents of a child in 82 common, the family or household members must be currently 83 residing or have in the past resided together in the same single 84 dwelling unit. 85 ....previously threatened, harassed, stalked, or physically 86 abused the petitioner. 87 ....attempted to harm the petitioner or family members or 88
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